Section 158: Responsibilities in relation to the health and safety etc. of police
408.This section, which came into force on Royal Assent, amends the Health and Safety at Work etc. Act 1974 (‘the 1974 Act’) so that any prosecution of a chief officer of police for an offence under that Act is ordinarily brought against the office of chief constable rather than against the individual incumbent. This would bring the position of a chief officer into line with that of police authorities which are liable as bodies corporate for breaches of health and safety legislation in respect of police staff (who are employees of police authorities).
409.Subsection (1)inserts new subsections (2A) to (2F) into section 51A of the 1974 Act (which applies Part 1 of that Act to the police). New section 51A(2A)provides that a chief officer shall be treated as a corporation sole for the purpose of the application of Part 1 of the 1974 Act to the police. Accordingly, any prosecution under the Act would be pursued against the office of chief constable rather than against the office holder for the time being. However, the chief officer for the time being may also be prosecuted in a personal capacity if it can be shown that he personally consented to the commission of an offence or personally connived in its commission, or was personally negligent (new section 51A(2B) and (2C)).
410.New section 51A(2D)and (2E) makes it clear that in relation to contraventions of the 1974 Act, it is the corporation sole who is treated as the employer of officers rather than the chief officer in person who would otherwise be vicariously liable for unlawful conduct of officers under his direction and control. New section 51A(2F) adapts new section 51A(2A) to (2C) to Scotland which does not have the concept of a corporate sole.
411.Subsection (4)repeals provisions in the Police Reform Act 2002 relating to health and safety. These provisions have not been brought into force.
412.Subsection (5) backdates the effects of the amendments to the 1974 Act to 1st July 1998 for the purpose of any legal proceedings commenced on or after the commencement of this section which, by virtue of section 178, was the date this Act received Royal Assent (namely 7th April 2005). The effect of subsection (6) is that anything done by a chief officer before the commencement of this section shall be deemed to have been done by him in his capacity as a corporation sole for the purposes of any proceedings under the 1974 Act.
413.Subsection (7)provides that the individual liability conferred by new section 51A(2B) of the 1974 Act does not apply in respect of anything occurring before this Act received Royal Assent.
